General Terms and Conditions
I.
INTRODUCTORY PROVISIONS
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These general terms and conditions (hereinafter referred to as the "GTC") regulate the rights and obligations of the contracting parties when concluding and fulfilling a purchase agreement (hereinafter referred to as the "Agreement") between the Seller, on the one hand, and the Customer, as the buyer, on the other hand, the subject of which is the sale of Goods and their delivery to the Customer. For the purposes of these GTC, the Seller means the company:
Business name: LEJAAN s.r.o. -
Registered office: Šumavská 931/13, Vinohrady, 120 00 Prague 2
ID number: 285 99 349
entry in the commercial register: file no. C158886 maintained by the Municipal Court in Prague
contact details:
Branch: U Kolory 231, 463 12 Liberec
Customer service contact details:
email: info@lejaan.cz
tel.: +420 722 920 930
Orders, returns and complaints:
email: customerservice@lejaan.cz
tel.: +420 725 436 172 - The Customer is obliged to familiarise themselves with these GTC before using the Service.
- The subject of the Agreement is the Seller's obligation, in accordance with these GTC, to deliver the Goods to the Customer, to enable them to acquire ownership of them, and the Customer's obligation to accept the Goods and pay the Seller the Price and Postage, or Cash on Delivery and Packaging.
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For the purposes of these GTC, the following terms, introduced with capital letters, have the following meanings:
- Customer is a person using the Service and for the purposes of these GTC may also be referred to as the Buyer;
- Account Holder is a person who has set up a User Account on the website www.lejaan.cz;
- User Account is the user interface accessible via the website www.lejaan.cz;
- Order means the Customer's binding proposal to conclude an Agreement addressed to the Seller;
- Price is the financial amount that the Customer undertakes to pay the Seller for the Goods under the Agreement and which is specified in the Order; in case of discrepancy between the price stated for an individual type of Goods and the price stated in the Order summary, the price stated in the Order summary is binding;
- Goods means the items whose specification and characteristics are listed on the Pages and which are offered for sale on the Pages and which have been specified by the Customer in the Order by placing these items in the virtual shopping cart (a gift voucher, which is activated by entering the gift voucher code in the User Account in the "my Credits" section, is also considered Goods);
- Postage means the amount charged to the Customer in addition to the Price, if the Price is less than CZK 3,000, for which the Seller undertakes to arrange for the transport of the Goods to the place designated by the Customer within the Czech Republic and, in the event of the Customer not accepting the Goods, also for the transport of the Goods from the place where the Goods were to be delivered to the Customer back to the Seller; unless special transport outside the Czech Republic is agreed;
- Service means the online environment on the website www.lejaan.cz, through which Orders are placed and the Agreement is concluded;
- Pages means the websites www.lejaan.cz;
- Credit means a virtual unit allowing the Customer to pay the Price via the User Account, where the Customer pays the Seller the appropriate number of Credits instead of the Price. One Credit corresponds to CZK 1, the validity of Credits is limited in time. Credits are non-refundable, i.e. the Customer has no right to demand the conversion of Credits into any currency and to demand their payment. After paying the Price in the form of Credits, the relevant Credits will be debited from the Customer's User Account. Credits can be credited to the User Account by the Seller, according to the conditions stated in these GTC or by the Buyer by setting up a User Account and after logging into their User Account (in the my Credits section) entering the gift voucher number issued by the Seller;
- Cash on Delivery means the price for the service consisting of the carrier collecting the Price from the Customer upon receipt of the Goods from the carrier. The provisions of these GTC regarding Postage shall apply mutatis mutandis to the payment of Cash on Delivery, with the exception of the agreement that Cash on Delivery is always paid by the Customer regardless of the amount of the Price.
- Packaging means the price of specially ordered packaging of Goods, typically in the form of a gift.
- The Agreement between the Seller and the Customer is concluded through the Service. The Agreement is concluded at the moment when the Seller sends the Customer a confirmation of acceptance of the Order. The Seller will confirm the acceptance of the Order immediately after its receipt. Simultaneously with the confirmation of acceptance of the Order, the Seller will also send these GTC to the Customer in PDF format via email (for the avoidance of doubt, it is assumed that the GTC delivered in this way are the GTC governing the relationship between the Seller and the Customer), as well as maintenance symbols and a description of the consequences of non-compliance with the maintenance instructions. The maintenance symbols delivered to the Customer represent general instructions for the maintenance of textile Goods, and the Customer is obliged to perform maintenance (washing, ironing, cleaning) on the textile Goods in accordance with the pictograms and any instructions associated with the textile goods, applying the instructions delivered to them according to this provision to the individual pictograms.
- By concluding the Agreement, the Seller undertakes to deliver the Goods to the Customer and enable them to acquire ownership of them, and the Customer undertakes to pay the Seller the Price and Postage for the Goods.
- All relations between the Seller and the Customer established on the basis, through or in connection with the Service and the items offered by the Seller through the Pages are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on consumer protection, as amended.
II.
INFORMATION FOR CONSUMERS BEFORE CONCLUDING THE AGREEMENT
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The Seller informs the Customer consumer that:
- the costs of remote communication means do not differ from the basic rate (in case of internet and telephone connection according to the Customer's operator's conditions). The Seller does not charge any additional fees, however, this does not apply to the transport of Goods;
- it requires payment of the Price, Postage, Cash on Delivery and possibly Packaging before the Customer takes over the performance, and in the case of choosing to pay these obligations by bank transfer, the Seller requires an advance payment of 100% of the Price, Postage, Cash on Delivery and possibly Packaging before sending the Goods to the Customer;
- the Seller does not conclude agreements the subject of which is repeated performance;
- the prices of Goods and services are listed on the Pages including VAT, including all statutory fees, however, the costs of delivery of Goods vary according to the chosen method and transport provider, the method of payment of the Price and Postage and the chosen packaging;
- Delivery costs (Postage), method of delivery (transport), method of payment and method of packaging are communicated to the Customer when choosing transport, payment and packaging, from which the Customer chooses the most suitable method of packaging, delivery and payment, however, this information is always provided before the binding confirmation of the Order;
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The Customer consumer has the right to withdraw from the agreement (unless stated otherwise below), within a period of fourteen days, which runs, if it is a
- purchase agreement, from the day of receipt of the Goods;
- agreement, the subject of which is several types of Goods or delivery of several parts, from the day of receipt of the last delivery of Goods;
- this withdrawal must be sent to the address of the Seller's registered office, its branch or to the email address customerservice@lejaan.cz, or a registered user can use the option to fill in and send the withdrawal form via the User Account. The withdrawal form is called a return form, as it allows the Customer to return the Goods without giving a reason and thus declare their intention to withdraw from the agreement. The return form (withdrawal form) as well as the complaint form are available on the lejaan.cz website or can be accessed via the active link provided in Article XII, para. 9 of these GTC.
- The Customer consumer cannot withdraw from the agreement: for the supply of goods that have been modified according to the consumer's wishes or for their person.
- in case of withdrawal from the agreement, the Customer consumer bears the costs associated with returning the Goods to the Seller, unless they use the Goods return service described in Article XI, para. 1 of these GTC;
- the agreement, or the relevant invoice, will be stored in the Seller's electronic archive, Customers with a User Account also have access to this information in their profile;the consumer can submit a complaint to the email address customerservice@lejaan.cz, which will then be internally investigated and the Customer will be informed of the result of the investigation of the complaint or other resolution of the complaint within 30 days;
- the consumer also has the right to address a complaint to the supervisory or state supervisory authority, which is any trade licensing office and the Czech Trade Inspection Authority (www.coi.cz);
- if the Seller's performance is defective, the Customer has the rights described in Article X of these GTC;
- for communication between the Customer and the Seller, the Customer is entitled to use telephone communication at the numbers listed above, at the email addresses listed above, and also chat (instant communication messenger), which is only available on the Pages, and if the Customer wishes to save communication conducted via chat, they must have it sent to their email, using the dedicated button rolled out from the chat environment menu.
- The Customer agrees to the use of remote communication means when concluding the Agreement. The costs incurred by the Customer when using remote communication means in connection with the conclusion of the Agreement (costs for internet connection, costs for telephone calls) are borne by the Customer themselves, and these costs do not differ from the basic rate.
- By using the services on the Pages, the Customer or any other user is obliged to abide by these GTC and confirms that they have familiarised themselves with the GTC. The Seller is entitled to change and supplement the GTC at any time, provided that any changes and supplements to the GTC (hereinafter referred to as "New GTC") are effective from the date of their publication on the Pages. Agreements concluded before the publication of the New GTC on the Pages are governed by the GTC valid before such change; the same procedure applies to Orders that were sent to the Seller before the publication of the New GTC on the Pages.
III.
ORDER
- Orders can only be delivered to the Seller through the Service, either as a registered user with a User Account or as an unregistered user. Within the Service environment, the Customer selects the Goods they are interested in, including their properties, if the Service allows for this for a specific item, such as fabric, color, filling, etc.
- The Service, through which the Agreement is concluded, allows the Order to be edited until the Order is bindingly confirmed. If the Customer enters data other than that required, the system will not allow them to proceed with completing the Order until they correct the error indicated by the system.
- After confirming all basic parameters of individual items, the Customer must move these selected items to the virtual shopping cart using the "add to cart" command. All items moved in this way are listed in the order form, which represents a summary of the Customer's Order (Order recapitulation), to which the Customer moves either (i) by opening the shopping cart, or (ii) by the command "proceed to order". In the virtual shopping cart (hereinafter referred to as the "Cart"), the Customer is entitled to perform certain editing activities of their Order, or may delete certain items in the Cart or increase their number. Items can only be added to the cart by returning from the cart environment to the store environment and selecting the "add to cart" command for a newly selected item. However, the Order summary in the Cart expresses the subject of the purchase and defines the Goods and Price. If the Order corresponds to the Customer's will, they enter the command to select the payment and delivery method. According to the chosen payment method and chosen delivery method, the Postage and possibly Cash on Delivery will be calculated for the Customer.
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The purchase price, Postage, and possibly Cash on Delivery and Packaging, if charged, can be paid by the Customer using one of the following options:
- Payment by credit card using the 3D Secure system, whereby the Customer is redirected to the payment gateway after completing the Order.
- Payment using GOOGLE PAY, APPLE PAY and PAYPAL services, if the logos of these services are displayed in the Service; payment through these services is governed by the terms of the operators of these services.Cash on delivery payment. When choosing this payment method, the Customer pays the Price, Postage and Cash on Delivery to the chosen carrier upon receipt of the Goods.
- Payment in advance by bank transfer. When choosing bank transfer payment, the Seller will send the Buyer a proforma invoice, based on which the Customer can pay the Price and Postage using this payment method. When paying by this method, the Price and Postage are considered paid only at the moment when the Price and Postage are credited to the Seller's bank account, and the Customer's payment is assigned the correct variable symbol indicated in the proforma invoice; otherwise, the Price and Postage will not be paid and the Seller will return the paid amount to the account from which it was sent (this does not apply if a special agreement is reached between the Seller and the Customer, at least in the form of an email).
- By Credit via the User Account. If the amount of Credits does not correspond to the Price, the Buyer is obliged to pay the difference using one of the options according to Article II, para. 4, letters a) – d) of these GTC.
- When using credit card payment, the Customer is obliged to enter the required data into the individual fields offered by the Service. The Seller accepts credit cards that are displayed when paying by credit card.
- When paying cash on delivery, the Customer is obliged to pay the Seller the Price with Postage, Cash on Delivery and possibly Packaging upon receipt of the Goods, in the manner allowed by the chosen carrier. The Customer is entitled to pay the Price and Postage in cash only in case of cash on delivery, if the chosen carrier allows it, but only if the price does not exceed the equivalent of EUR 10,000.
- After selecting the payment method, the Customer clicks on the "continue" button, which moves them to the "delivery details" tab. Delivery details represent both the delivery location data and the billing location data, if different from the delivery location. They then fill in their contact phone number and possibly a note for the Seller regarding their order. For the Customer to place a binding order, they must actively check that they have familiarised themselves with these GTC. The field asking whether they want to receive a newsletter is optional, depending on the Customer's preferences. Furthermore, on this tab, the Customer is informed about the facts according to § 1826a para. 1 of the Civil Code, i.e., they are informed about what they are ordering, at what price, with what transport, to what place, with what Postage, Cash on Delivery and possibly Packaging. This is the final summary of the Order, where it is still possible to cancel the Order without any consequences. If they agree with the data on the Order and are interested in concluding the Agreement, the Customer must confirm the Order in the system by clicking on the special banner labeled "COMPLETE ORDER ". After confirming the Order, the Customer can no longer correct errors in the Order, but may request the correction of these errors according to the procedure in paragraph 8 below. Errors detected when checking the Order before its confirmation can be corrected by the Customer in the system at any time.
- In the event of an error in the Order, the Customer is entitled, without undue delay, to report the existence of the error via the contact email published on the Pages, as after receiving the Seller's confirmation of acceptance of the Order, the Order can only be changed on the basis of a special agreement with the Seller.
- In the Order, the Customer is obliged to fill in the individual fields according to the requirements of the pre-selected parameters. The Customer is warned about fields with mandatory data in the Order. All data filled in the Order must be truthful and are binding.
IV.
PRICE
- The Price of the Goods is always stated including value added tax, regardless of the moment it is displayed; this does not affect the agreement under which the binding Price is displayed exclusively in the Order summary. The Price includes value added tax at the rate valid on the day the Order is placed. In the event that the value added tax rate changes in the period after the Order is placed and before the Goods are dispatched, the Customer is obliged to pay any difference in the same way they pay the Price. If the value added tax is reduced, the Seller will return any overpayment of the Price to the Customer within 5 working days from the date of the Customer's request for a refund of the overpayment.
- The tax document relating to the Price is delivered to the Customer via email and/or the User Account.
- If the price of any item on the Website is marked as "promotional" or otherwise marked with the inscription "discount", then such a discounted or promotional price is valid only while stocks last or until the price is adjusted.
- In the shopping cart, the Customer has the option to enter a discount code they have received into the appropriate field, which will discount some Goods or the Price of the Order accordingly.
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Price conditions of the Seller's loyalty program:
- Under the conditions set out below, the Seller undertakes to provide every Customer with a 10% discount on the total purchase price including VAT, if the Customer has purchased any of the Seller's goods through the Service within a maximum of 18 months before the purchase, and this previous order is registered as "fulfilled/delivered" in the User Account;
- The discount is not provided or granted for purchases that were cancelled within the statutory period for withdrawing from the contract;
- The discount is provided automatically; the Customer does not enter any codes; the discount is granted by the system if the purchase is made through the User Account and meets the conditions of the loyalty program;
- The discount does not apply to already discounted goods and cannot be combined with other marketing campaigns in which the Seller participates or organizes.
V.
CONCLUSION OF THE PURCHASE AGREEMENT
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The Purchase Agreement is concluded at the moment the Seller confirms acceptance of the Order.
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Based on the concluded Agreement, the Seller is obliged to deliver the Goods to the address specified by the Customer in the Order, or to the place chosen for collection from the carrier, according to the Customer's choice (hereinafter referred to as the "Delivery Location"). The Customer is obliged to take over the Goods at the Delivery Location and, if the Postage and Price have not been paid in advance, to also pay the Price and Postage. If the Goods are not taken over by the Customer at the Delivery Location, the Goods will be returned by the carrier to the Seller at the Customer's expense. The Delivery Location also means a place other than the Delivery Location, which will be specifically agreed upon as the place of receipt of the Goods between the carrier and the Customer during the delivery of the Goods. The realization of the delivery of Goods by the carrier is governed by the terms and conditions of the chosen carrier.
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The Buyer acquires ownership of the Goods at the moment when (i) they have taken over the Goods and (ii) paid the Price and Postage and, if applicable, Cash on Delivery and Packaging (if the Customer selected the corresponding services).
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The depiction of the Goods on the Website is illustrative only. The Seller reserves the right to correct/modify any specification of any item presented on the Website based on newly discovered facts about such items.
VI.
PERFORMANCE PERIOD
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The performance period (or also delivery period) begins on the day the Contract comes into existence. The Seller undertakes to dispatch the Goods through the carrier chosen by the Customer as soon as possible according to its operational possibilities.
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In the event that the Customer has decided to use the payment method by paying in advance to a bank account, the performance period begins on the day when both the Price and Postage, and if applicable, Cash on Delivery and Packaging, are credited to the Seller's bank account.
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The Seller informs the Customer, when choosing a suitable carrier, of the estimated delivery date of the Goods. This specified date is only indicative. The Seller undertakes to deliver the Goods to the Buyer no later than 30 days from the day the performance period began.
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In the event that the Seller finds during the processing of the Order that it is not able to meet the above-mentioned performance period, it will inform the Customer of the estimated performance period. Only after the Customer agrees to the new performance period does the performance period begin.
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If the Seller is in default with the delivery of the Goods, the Customer may withdraw from the contract if the Seller fails to fulfill its obligation even within an additional reasonable period granted by the Customer. The Customer may withdraw from the contract without an additional period only if the Seller refused to perform or performance at the specified time is essential given the circumstances at the conclusion of the contract, or the Customer informed the Seller before the conclusion of the contract that delivery at a certain time is essential.
VII.
OTHER RIGHTS AND OBLIGATIONS
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In addition to other obligations stipulated in these GTC, the Customer undertakes to:
- When using the Seller's services, follow the instructions and manuals available atwww.lejaan.czand these GTC;
- Accept the Goods from the Seller through the chosen carrier in accordance with and under the conditions of the chosen carrier;
- Provide the Seller with the cooperation necessary for proper performance without undue delay. The performance period of the Contract is extended by the time from the Seller's request for cooperation from the Customer until the Customer provides cooperation.
- If the Customer does not take over the Goods from the Carrier, the Contract is automatically canceled on the day the Goods are returned by the carrier to the Seller. The Customer is obliged to pay the Seller the costs of delivery and return of the Goods and the costs of processing the Order. The provisions of these GTC regarding the rights and obligations of the contracting parties in connection with the cancellation of the Contract by withdrawal shall apply mutatis mutandis.
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The LEJAAN swatch book is also considered Goods, which, depending on the chosen variant, contains the materials and colors that the Seller uses to make other Goods. The LEJAAN swatch book is available in various variants depending on the offer published on the websitewww.lejaan.cz. The provisions of these GTC on the purchase of other Goods apply mutatis mutandis to the purchase of the LEJAAN swatch book, but with the following modifications:
- After paying the purchase price of the LEJAAN swatch book, the Customer will receive a voucher with a code to their chosen email, on the basis of which they are entitled, upon further purchase of Goods, to deduct the purchase price of the purchased LEJAAN swatch book from the purchase price of the Goods from the next purchase. By redeeming the voucher, the purchase price of the LEJAAN swatch book is considered returned.
- If the LEJAAN swatch book is returned within 14 days from the date of its purchase, the purchase price of the swatch book will be refunded to the Customer, unless it has already been refunded in the form of a voucher redemption in a subsequent purchase. When returning the LEJAAN swatch book, the Seller deactivates the voucher and it cannot be used further, unless it was redeemed before.
- If the Customer uses the voucher, they are not obliged to return the purchased LEJAAN swatch book; this does not exclude their right to return the LEJAAN swatch book to the Seller.
- The voucher obtained by purchasing the LEJAAN swatch book cannot be combined with any discount, discount code, or other marketing promotion;
- The voucher obtained by purchasing the LEJAAN swatch book can only be used for 30 days from the date of receipt of the LEJAAN swatch book.
VIII.
USER ACCOUNT
- For the purpose of placing an Order and using the services provided by the Seller through the Website, the Customer is entitled to register in the Seller's system operated on the Website and create their User Account. They can also do so in connection with placing an Order, where they have the option to check the box to create a User Account.
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For the purpose of successful registration (creation of a User Account), the Customer is obliged to enter the following truthful data during registration:
- First and last name;
- Email address;
- Mobile phone number;
- Exact address and postal code;
- Password, which must be re-confirmed during registration.
- After successful registration, the Customer will receive an email confirmation with a special request to confirm profile activation. This is to verify the entered email address and that it belongs to the person activating the User Account. After clicking on the profile activation banner, the Customer will be prompted to confirm that they agree to the processing of personal data for the purpose of managing and maintaining the User Account. The processing of this data is necessary for the provision of the User Account service, therefore a User Account cannot be established for a person who does not agree to the processing of their data.
- For the purpose of logging into the User Account, the Customer only enters the email address and password they used during registration. The service also allows logging in via Facebook user identification.
- The Customer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
- The Customer is not authorized to allow third parties to use the User Account.
- The Seller may cancel the User Account, especially if the Customer has not used their User Account for more than 1 year, or if the Customer breaches their obligations under the Contract (including the GTC). The Customer is also entitled to cancel the User Account by sending an email message requesting the cancellation of the User Account to the contact email specified on the Website.
- The Customer acknowledges that the User Account and the system may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of third parties' hardware and software equipment.
- The system is fully compatible with the updated following software: Microsoft Edge, Mozilla Firefox, Safari, Chrome.
- The Customer agrees to the storage of data files improving the individuality of the web environment for the Customer, i.e., cookies, on their computer. In the event that it is possible to conclude the contract in the system and fulfill the Seller's obligations under the Contract without storing cookies on the Customer's computer, the Customer may withdraw their consent under the previous sentence at any time.
- Any message from the Seller is delivered to the Customer's email address entered in the system, unless the Seller uses communication via mobile phone.
IX.
PERSONAL DATA AND GDPR
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The principles of personal data protection are set out in a separate document entitled "Information on Personal Data Processing", which is availablehere.
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The Customer agrees to the processing of their personal data to the extent of first and last name, address, identification number, tax identification number, email address, telephone number (hereinafter referred to as "personal data").
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The Customer agrees to the processing of personal data by the Seller for the purposes of concluding and fulfilling the Contract and for the purposes of managing and maintaining the Customer's User Account. Unless the Customer chooses another option, they also agree to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Customer; this consent can be revoked at any time via the form that is part of the Information on Personal Data Processing available on the Website.
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Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the Contract.
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The Customer is obliged to provide their personal data correctly and truthfully and is obliged to inform the Seller without undue delay of any change in their personal data.
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The Seller may authorize a third party, as processor, to process the Customer's personal data. Except for persons transporting the Goods, personal data will not be transferred by the Seller to third parties without the Customer's prior consent.
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The Customer confirms that the provided personal data is correct and that they have been instructed that the provision of personal data is voluntary.
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The Customer agrees to receive information related to the Seller's services or business at the Customer's email address and further agrees to receive commercial communications from the Seller at the Customer's email address, if they checked the "I want to receive the newsletter with news" box when completing the Order.
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The Customer agrees to the storage of data files improving the individuality of the web environment for the Customer, so-called cookies, on their computer. In the event that it is possible to conclude the contract in the system and fulfill the Seller's obligations under the Contract without storing cookies on the Customer's computer, the Customer may withdraw their consent under the preceding sentence at any time.
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Any communication from the Seller is delivered to the Customer at the email address provided in the system, unless the Seller uses communication via mobile phone.
X.
RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, COMPLAINTS
- The provisions of this article apply to the rights and obligations of the Seller and the Buyer who is a consumer. Rights arising from defective performance by the Seller for the Buyer who is not a consumer are regulated in paragraph 25 of this article of the GTC.
- The Seller does not provide the Buyer with a quality guarantee for the Goods.
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The Seller is liable to the Customer that the item is free of defects upon receipt. In particular, the Seller is liable to the Customer that the Goods:
- correspond to the agreed description, type, and quantity, as well as other agreed properties,
- are suitable for the purpose for which the Customer requires them and with which the Seller has agreed, and
- are supplied with the agreed accessories and instructions for use.
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The Seller is liable to the Customer that, in addition to the agreed properties:
- the Goods are suitable for the purpose for which an item of this kind is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
- the Goods, in terms of quantity, quality, and other characteristics, including durability, functionality, and safety, correspond to the usual characteristics of items of the same kind that the Customer can reasonably expect, also with regard to public statements made by the Seller or another person in the same contractual chain, especially advertising or labeling,
- the Goods are supplied with accessories, including packaging and other instructions for use, which the Customer can reasonably expect, and
- the Goods correspond in quality or design to the sample that the Seller provided to the Customer before the conclusion of the contract, if such a sample was provided.
- The Seller is not bound by a public statement according to the previous paragraph, subparagraph b), if it proves that it was not aware of it or that it was modified at the time of the conclusion of the contract in at least a comparable way to how it was made, or that it could not have influenced the decision to purchase.
- Paragraph 5 shall not apply if the Seller specifically informed the Buyer before the conclusion of the contract that a certain property of the item differs and the Buyer explicitly agreed to this when concluding the contract.
- If a defect appears within one year of receipt, the item is presumed to have been defective at the time of receipt, unless the nature of the item or the defect precludes this. This period does not run for the period during which the Customer cannot use the item, in the event that the defect was justifiably complained about.
- Pursuant to Section 2165 (1) of the Civil Code, the Buyer is entitled to complain about a defect that appears on the Goods within 2 years of their receipt.
- The Seller's performance shall be deemed proper even if the performance shows certain deviations in terms of dimensions or weight, provided that the deviation does not exceed 5%. The Buyer is not entitled to rights from defective performance if the Buyer caused the defect himself. Wear and tear of the Goods caused by their usual use is not a defect. The Seller is also not liable for defects of the Goods caused by improper or unsuitable handling or use, unsuitable storage, improper placement, or defects arising due to natural disasters, and is also not liable for defects caused by the Buyer or a third party. When handling the Goods, the Buyer is obliged to proceed according to the instructions attached to the Goods and, if not attached to the Goods, according to the principles of usual care.
- If the Goods are defective, the Customer may demand their removal. At their option, they may demand the delivery of new goods without defects or the repair of the goods, unless the chosen method of defect removal is impossible or disproportionately costly compared to the other; this shall be assessed especially with regard to the significance of the defect, the value that the Goods would have without defects, and whether the defect can be removed by the other method without significant difficulties for the Customer. The Seller may refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value that the Goods would have without the defect.
- The Seller shall remove the defect within a reasonable time after its notification so as not to cause significant difficulties for the Customer, taking into account the nature of the Goods and the purpose for which the Customer purchased the Goods. To remove the defect, the Seller shall take over the Goods at its own expense in accordance with Article XI, para. 1.
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The Customer may request a reasonable discount or withdraw from the contract if:
- The Seller refused to remove the defect or did not remove it in accordance with paragraph 10 above,
- the defect appears repeatedly,
- the defect constitutes a material breach of contract, or
- it is clear from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the Customer.
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If the defective performance constitutes a material breach of contract, the Buyer has the right to
- the removal of the defect by delivering a new item without a defect or by delivering the missing item,
- the removal of the defect by repairing the item,
- a reasonable discount on the purchase price, or
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withdraw from the contract.
The Buyer shall inform the Seller of the right he has chosen when notifying the defect, or without undue delay after notifying the defect. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the Buyer requested the repair of a defect that proves to be irreparable. If the Seller does not remove the defects within a reasonable period or informs the Buyer that he will not remove the defects, the Buyer may demand a reasonable discount on the purchase price instead of removing the defect, or may withdraw from the contract.
- If the Buyer does not exercise his right in time according to paragraph 13 of this article, he has the right to have the defect removed or to a reasonable discount on the purchase price. Until the Buyer asserts the right to a discount on the purchase price or withdraws from the contract, the Seller may deliver what is missing or remove the legal defect. Other defects may be removed by the Seller, at his option, by repairing the item or by delivering a new item; the choice must not cause unreasonable costs to the Buyer. If the Seller does not remove the defect of the item in time or refuses to remove the defect of the item, the Buyer may demand a discount on the Price, or may withdraw from the contract. The Buyer cannot change the choice made without the Seller's consent.
- A reasonable discount shall be determined as the difference between the value of the Goods without defects and the defective Goods received by the Customer.
- The Customer cannot withdraw from the contract if the defect of the item is insignificant.
- If damage arises on the part of the Buyer in connection with the Seller's liability for defects of the Goods, the compensation for such damage, including lost profit, is limited to the price of the Goods stated in the Order. The Seller's liability for defects of the Goods and damage to the Buyer is excluded if the deficiencies of the Goods arose due to force majeure or improper actions of the Buyer or another person different from the Seller.
- The Buyer has the right to complain about defects in the Goods, i.e., to assert their rights corresponding to the Seller's liability for defects in the Goods, all in accordance with these GTC and the Civil Code. The Buyer asserts their right to complain at the contact details for Orders, returns, and complaints stated in Article I, paragraph 1 of these GTC.
- If the goods are delivered by the carrier in damaged packaging, or if the Buyer has doubts upon receipt of the Goods as to whether the Goods show signs of damage, the Buyer shall draw up a written record of the complaint about the Goods with the carrier on the spot. In such a case, the Buyer has the right not to accept the damaged shipment. By signing the shipping document, the Buyer agrees to accept the Goods and confirms that the Goods were received without visible damage or defects.
- The Buyer technically asserts liability for a defect in the Goods (complaint) by filling out a complaint form, which is delivered to them with the Goods, and by delivering it and the Goods to the Seller. Goods can always be complained about when the Seller's liability for defects in the Goods is asserted. In the event that the Buyer complains about the Goods, they are obliged to state the reason for their complaint in the "reason for complaint" field by specifying the defect and describing the defect and how it manifests (so that the complained defect is not interchangeable with another defect); otherwise, it is not considered a complaint.
- After the complaint, the Seller will send the Buyer an email confirmation of receipt of the complaint, which will contain information on when the Buyer exercised the right, what the content of the asserted right is, and what method of handling the right the Buyer requests.
- If the Seller finds that the complaint is not justified when handling the complaint, the Buyer is obliged to bear the costs of transporting the Goods related to the complaint, in a lump sum of CZK 199, unless the Goods are delivered at their own expense.
- In the event that the Seller handles complaints in contravention of these GTC or the Civil Code, the Buyer is entitled to contact the Seller with a proposal for an out-of-court settlement.
- The Seller undertakes to settle the complaint and inform the Buyer of the settlement within 30 days of its delivery to the Seller. If the deadline according to the previous sentence has expired in vain, the Customer is entitled to withdraw from the contract or demand a reasonable discount. The choice between a reasonable discount and withdrawal from the contract belongs to the Buyer, who is obliged to inform the Seller which of the options they have chosen. Based on the agreement of the contracting parties, it is also possible to accommodate the Buyer by providing them with an exchange of Goods. The Buyer is informed of the settlement of the complaint via their contact email.
- If the Buyer is not a consumer, the provisions of paragraphs 2, 3, 9, 18, 20 of this article shall apply mutatis mutandis. A Buyer who is not a consumer, in the event of a proper and justified complaint, cannot demand the delivery of new Goods if they cannot return the Goods in the state in which they received them; this does not apply if the condition changed as a result of inspection for the purpose of detecting a defect in the item, or if the Buyer used the item before discovering the defect, or if the Buyer did not cause the impossibility of returning the item in an unchanged state by action or omission, or if they sold the item before discovering the defect. The Buyer is informed of the settlement of the complaint via their contact email.
XI.
WITHDRAWAL
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The consumer has the right to withdraw from the Contract (and thus also return the Goods) within 14 days of taking over the Goods. This right does not apply to a Buyer who is not a consumer. The Buyer – consumer also has the right to withdraw from the Contract in other cases stipulated by law.
To exercise the right to withdraw from the Contract, the consumer is obliged to fill in and send the online form available on the page:
https://www.lejaan.cz/pages/vraceni-a-reklamace?retino-portal-3033-url=/cs/portal/iframe/0b6505ea-2700-44ea-a279-28d3b1e890da/In case of withdrawal from the Contract, the consumer bears the costs associated with returning the Goods, with the fee for return through the offered reverse shipping being CZK 75.
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For the purpose of the technical execution of withdrawal from the Contract by a Buyer who is not a consumer, the provisions of the preceding paragraph shall apply mutatis mutandis, with the proviso that in the case of returning Goods where there is no legal reason for withdrawal from the Contract, the Buyer who is not a consumer is obliged to pay the Seller the transportation costs of the Goods in a lump sum of CZK 199.
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The provision of paragraph 1 of this article does not apply to gift vouchers, which can only be returned until their activation, i.e., until the gift voucher code is entered in the User Account in the "my Credits" section and the value of the gift voucher is credited to the Buyer's Credits.
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The Buyer is obliged to state the reason for withdrawing from the Contract, unless it is a Buyer – consumer who withdraws within the statutory 14-day period; in this case, the reason for withdrawal does not have to be stated. A withdrawal that was made without a legal or contractual reason for it shall not be considered a withdrawal for the purposes of these GTC and shall not produce the consequences intended by withdrawal.
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Goods can never be returned by sending them cash on delivery; in such a case, the Goods will not be accepted by the Seller, and in this case, there will be no delay on the part of the Seller in taking over the Goods.
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If the Contract is withdrawn from in whole or in part, and the Buyer has returned the Goods in relation to which the Contract was cancelled by the Buyer's withdrawal, in the condition required by these GTC or by law, the Seller shall refund the Price for such Goods to the Buyer within two weeks from the date of delivery of the withdrawal and the Goods to which the withdrawal applies. If it is a withdrawal by a Buyer – consumer for an existing legal or contractual reason, the Seller shall refund the Price, including the costs of delivering the Goods, to the Buyer – consumer without undue delay, no later than fourteen (14) days from the date of delivery of the withdrawal from the Contract, in the same manner in which they received it from the Buyer – consumer, or in another manner agreed upon by the Buyer – consumer. However, the Seller is not obliged to refund the Purchase Price of the Goods, including the costs of delivering the Goods, to the Buyer – consumer before the Buyer – consumer hands over the returned Goods. To avoid any doubt, the Buyer agrees that in the event of using Credits for the purchase of Goods, the Price will be refunded to them again in the form of crediting the corresponding Credits to their User Account.
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If the Buyer withdraws from the Contract, they must return everything they received under the Contract to the Seller.
If this is not reasonably possible (e.g., in the meantime the Goods have been partially unpacked, soiled, or the packaging has been damaged in any way), the Seller has the right to calculate the damage according to the current price list. In such a case, the Seller will only refund the reduced Price to the Buyer. The Seller may set off its actually incurred costs associated with the return of the Goods against the Price to be refunded to the Buyer. If the value of the Goods has decreased, the Seller is entitled to charge the costs incurred thereby. Notwithstanding the above, the Seller is entitled to unilaterally decide that in a specific case, the Buyer will be refunded the paid Price, but only in the form of Credits, provided that the Buyer – consumer agrees to the refund of the Price in the form of Credits. If the Buyer does not agree to the refund of the Price in the form of Credits, the Seller's decision to refund the Price shall be considered as if it had never been made.
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The Seller is entitled to withdraw from the Contract if the Buyer does not take over the Goods within 7 days from the announced date of handover or within 7 days from their possible deposit at the carrier's branch. This provision does not affect the Seller's right according to § 2126 of the Civil Code on self-help sale.
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The Seller has the right to withdraw from the Contract if the Goods are not supplied by its supplier; the Buyer will be informed of this fact in writing without delay.
XII.
FINAL PROVISIONS
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The contract can be concluded in Czech and English.
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The Seller is not bound by any code of conduct in relation to the Customer.
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Out-of-court handling of consumer complaints is provided by the Seller through the e-mail address customerservice@lejaan.cz. The Seller will send information about the handling of the Customer's complaint to the Customer in accordance with these GTC. In the event that a consumer dispute arises between the Seller and the Customer from the contract, which cannot be resolved by mutual agreement, the Customer may submit a proposal for an out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is:
Česká obchodní inspekce (Czech Trade Inspection Authority)
Ústřední inspektorát - oddělení ADR (Central Inspectorate - ADR department)
Štěpánská 44
110 00 Praha 1
Email: adr@coi.cz
Web: adr.coi.cz
further details are available here: https://www.coi.cz/informace-o-adr/.
However, the Customer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
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The Seller is authorized to provide its services on the basis of a trade license. Trade inspections are carried out within its scope by the relevant trade licensing office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority, within a defined scope, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
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In the event that the Contract is concluded with an international element, the contracting parties have agreed that their rights and obligations shall be governed by the legal order of the Czech Republic, excluding conflict of laws rules. This does not affect consumer rights arising from generally binding legal regulations.
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If any provision of the general terms and conditions is or becomes invalid or ineffective, the invalid provisions shall be replaced by provisions whose meaning most closely approximates that of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes to the Contract or general terms and conditions require written form.
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The contract, including the general terms and conditions, is archived by the Seller in electronic form and is not accessible.
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The general terms and conditions include a sample withdrawal from contract form, which is available on the website www.lejaan.cz. The sample form can be used by the Customer, but in that case, the Customer is obliged to arrange for the transport of the Goods to the Seller. This is also why the Seller recommends using the specially created User Account environment or the link that the Seller sends to the Customer with the Order confirmation, because when using the option of withdrawal through the aforementioned User Account environment or the sent link, the withdrawal is handled including the service described above in these GTC.
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The Seller's contact details are also provided on the Website www.lejaan.cz.
In Prague on 04.02.2023
Downloadable files
- Return form (PDF, 451 KB)